QUESTION

I need help, about to lose my house need help stopping the sale of house

Asked on Aug 21st, 2017 on Bankruptcy - Georgia
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Bankruptcy Chapter 13 Attorney serving Athens, GA
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If your mortgage lender has started the foreclosure process, and you have not been able to resolve the matter, it is time to consider your bankruptcy options.   When a bankruptcy case is filed, with few exceptions an “automatic stay” goes into effect.  The stay prevents creditors, including mortgage lenders, from taking any action to collect a debt.  If a foreclosure is pending, it must be stopped.  If you file a Chapter 7 bankruptcy, however, the foreclosure may only be stopped temporarily.  The lender will likely file a motion for relief from the stay.  Such motions are routinely granted by the Courts.  This will allow the lender to start the foreclosure process again. Usually, the better alternative to deal with a mortgage arrearage is Chapter 13.  Chapter 13 allows an individual or couple with regular income to deal with their debts by making regular payments to a Chapter 13 Trustee over a period of 3 to 5 years.  The plan can cure an arrearage on a home mortgage over a term of up to 60 months, and deal with other short-term debts such as credit cards, car loans, and medical bills.  This can free up funds so that future mortgage payments can be made in a timely manner.      Remember, deciding whether to file a bankruptcy case, and what chapter to file under, can be complicated.  It is critical to get good advice from a qualified and experienced bankruptcy attorney before making your decision. Morgan & Morgan of Athens, Georgia has more than 30 years experience helping homeowners save their homes through Chapter 13.  We offer a free initial consultation with an experienced attorney, NOT a paralegal or assistant, to fully evaluate the client’s options.  If you are facing foreclosure, visit our website at www.morganlawyers.com or call (706)548-7070 today for an appointment. 
Answered on Aug 28th, 2017 at 12:08 PM

Our response is for general information only. No attorney client relationship is created. Always consult with a qualified attorney directly.

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